A proposed class-action lawsuit filed in Quebec Superior Court accuses Tim Hortons, Starbucks, and Second Cup of overcharging customers for non-dairy substitutes in their beverages. The suit alleges that these surcharges unfairly impact individuals with dietary restrictions, including lactose intolerance, which affects 44% of Canadians.
The legal filing claims:
- Starbucks and Second Cup charged $0.80 plus taxes for non-dairy substitutes.
- Tim Hortons charged $0.50 plus taxes for the same.
According to the lawsuit, these practices have generated substantial revenue for the chains. For example, Tim Hortons allegedly earns $550,000 per day from these fees, amounting to over $602 million annually.
- Tim Hortons denies charging for non-dairy substitutes in original or dark roast coffee and tea, calling the allegations “inaccurate.” The company stopped charging for non-dairy additions in other beverages on January 2, 2025, before the lawsuit was filed.
- Starbucks eliminated surcharges for non-dairy substitutes on November 7, 2024, allowing customers to customize beverages like coffee and tea with soy, almond, oat, or coconut milk at no additional cost.
- Second Cup has not yet issued a public statement.
The proposed class action requests:
- An injunction to stop surcharges for non-dairy options at Second Cup and Tim Hortons.
- Reimbursement for surcharges paid by customers.
- Punitive damages for class members.
The lawsuit highlights a broader debate about the fairness of surcharges for non-dairy alternatives. Sylvain Charlebois, a food distribution expert, criticized the fees, stating, “If someone is lactose intolerant, why should they pay more for their coffee because of a health condition?”
Reports show that in provinces like Ontario, Quebec, and P.E.I., the cost of dairy alternatives is often at parity or even lower than traditional dairy.
The application to authorize the class action was filed on December 30, 2024, and a hearing is pending. Updates on the case and how to join the class action will be made available online.
For now, Starbucks has ended its surcharge practice, but customers and advocates will be watching closely to see how Tim Hortons and Second Cup respond.